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I am always asked, “Why should I use the collaborative process?” There are many reasons. Many couples are fortunate that they can calmly work out what they want to do with their children and their property even though they are getting a divorce.
Changes in our society have caused us to rethink our common definition of "family". The notion of the traditional family structure has expanded to include single parent households, same sex parented households and grandparents as primary caregivers. Not surprisingly, when legal issues arise in these family situations, the law has often struggled to adequately address the needs of all the family members.
In a Georgia divorce, the mother is not automatically given custody of the children. The judge considers the best interests of the child. The court considers the age and gender of the child, the child's relationship with each parent, and the ability of each parent to take care of the child. Sometimes, the court will allow a child over 14 years old to choose who he or she will live with. Visitation rights are usually given to the parent who does not get legal custody.
|Your Right to Child Custody, Visitation & Support
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"A Plain English Guide to Protecting Your Children"
Author: Mary L. Boland, Attorney at Law
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